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The Movement of Genetically Modified (GM) Material and Containing or Confining GM Material A Report by Rene Van Acker Ph.D., P.Ag., in relation to the Supreme Court of Western Australia Proceeding no. CIV 1561/2012 Marsh vs. Baxter. November 6, 2012. Foreword To produce this report I have relied upon my own expertise and experience relevant to the topic and gained in terms of formal training over the past 20 plus years and work, study and research experience over the past 16 plus years. I have also reviewed the statement of claim for this case and the consolidated statement of agreed and not agreed facts. In addition I have consulted published reports, studies and documents from around the world that are relevant to this topic and pertinent to the purposes of this report (see list of references cited at the end of this report). In these respects I consider that I have made all inquiries which I believe are desirable and appropriate and that no matters of significance which I regard as relevant have to my knowledge been withheld or not considered for the creation of this report within its intended scope. Qualifications My name is Dr. Rene Van Acker and I am Associate Dean of the Ontario Agricultural College, and Professor in the Department of Plant Agriculture at The University of Guelph (Since September 2009), Canada. I was previously (July 2006 ‐ September 2009) Professor and Chair of the Department of Plant Agriculture and from1996 to 2006 was Professor of weed science and crop management at the University of Manitoba, Winnipeg, Canada. My research areas include weed seedling recruitment biology and ecology, robust cropping systems, and the coexistence of genetically modified (GM) and non‐GM crops. I conduct field‐based research, supervise graduate students and teach courses at the undergraduate and graduate levels. I have published over 100 peer‐reviewed works to date and have made over 300 other non‐peer reviewed contributions. My work on the coexistence of GM and non‐GM crops and the movement of GM traits from crop to crop has lead to international collaborations, presentations, and consulting work with governments and organizations in Denmark, Australia, Austria, Switzerland, the United States (U.S.) and Canada, including membership on the scientific advisory committees for the International conferences on the coexistence of GM and non‐GM crops in agricultural supply chains (GMCC) which has hosted conferences in Denmark (2003), Montpellier (2005), Seville (2007), Melbourne (2009) and Vancouver (2011), with the next conference scheduled for Lisbon in 2013. I have also conducted contained trials of regulated GM crops (from 1999 to 2003) while at The University of Manitoba. I have previously been retained and appeared on the stand as an expert witness on the topic of the movement and containment of GM material in Canada in the case of Monsanto v. Percy Schmeiser, in Canada (Federal Court of Canada 2001) and in the U.S. in the Genetically Modified Rice Litigation (United States District Court 2012). I grew up on a farm in southwest Ontario, Canada. I hold BSc and MSc degrees in crop science and weed management, respectively, from the University of Guelph, Canada and a PhD in crop‐weed ecology from the University of Reading in the UK. I am a member in good standing of the Ontario Institute of Professional Agrologists (P.Ag.). I have provided a complete CV along with this report and below are listed my peer reviewed publications relevant to the topic of this report (and two government commissioned reports; 1 U.S. and 1 Canadian). In addition, I have made over 45 invited presentations on this topic over the past decade. Peer reviewed publications by Rene Van Acker related to the movement of GM material from crop to crop and the coexistence of GM and non‐GM crops. 1 CRT.001.001.0347 Bagavathiannan, M.V., G. S. Begg, R. H. Gulden, and R. C. Van Acker. 2012. Modelling the Dynamics of Feral Alfalfa Populations and Its Management Implications. PLoS ONE 7(6): e39440. doi:10.1371/journal.pone.0039440. Van Acker, R.C. 2012. Understanding Agricultural Species Metapopulation Biology and Ecology and the Implications for Coexistence in Low Level of Presence Scenarios. AgBioForum 15:54‐60. Bagavathiannan, M.V., R. H. Gulden, and R.C. Van Acker. 2011. The ability of alfalfa (Medicago sativa) to establish in a semi‐natural habitat under different seed dispersal times and disturbance. Weed Sci. 59:314‐320. Bagavathiannan, M.V., Gulden, R.H., and Van Acker, R.C. 2011. Occurrence of feral alfalfa (Medicago sativa L. ) populations along roadside habitats in southern Manitoba, Canada and their role in intraspecific novel trait movement. Transgenic Research. 20:397‐407. Bagavathiannan M.V., Spok A, and Van Acker R.C. 2011. Commercialization of Perennial GE crops: Looming Challenges for Regulatory Frameworks. J. Agric. Environ. Ethics. 24: 227‐242. Van Acker, R.C. and M. Bagavathiannan. 2011. Volunteer and feral crop plants and latent seed populations play an important role in novel trait containment. Pages 83‐98 in H. Beckie and L. Hall eds. New Crops and Crops with Second‐Generation Traits: Weed Management Challenges. Topics in Canadian Weed Science, Volume 9. Sainte‐Anne‐de Bellevue, Québec: Canadian Weed Science Society – Société canadienne de malherbologie. Bagavathiannan M.V., Spok A, and Van Acker R.C. 2011. Deregulation of GE Alfalfa: Mounting Challenges for Risk Assessors and Policy Makers. Pages 73‐92 in Yearbook 2010 of the Institute for the Advanced Studies on Science, Technology and Society. Eds. A. Bamme, G. Getzinger and B. Wieser. Profil Verlag GmbH, Vienna. Cici S.Z.H. and R.C. Van Acker. 2010. Gene flow in Prunus species in the context of novel trait risk assessment. Environ. Biosafety Res. 9:75–85. Bagavathiannan, M.V., Gulden, R.H., Begg, G.S. and Van Acker, R.C. 2010. The demography of feral alfalfa (Medicago sativa L.) populations occurring in roadside habitats in Southern Manitoba, Canada: implications for novel trait confinement. Environ. Sci. Pollut. Res. 17: 1448‐1459. Bagavathiannan, M.V., Julier, B., Barre, P. Gulden, R.H., and Van Acker, R.C. 2010. Genetic diversity of feral alfalfa (Medicago sativa L.) populations occurring in Manitoba, Canada and comparison with alfalfa cultivars: an analysis using SSR markers and phenotypic traits. Euphytica 171:419‐432. Willenborg, C.J., A. L. Brûlé‐Babel, and R.C. Van Acker. 2010. Identification of a hybridization window that facilitates sizable reductions of pollen‐mediated gene flow in spring wheat. Transgenic Research 19: 449‐460. Bagavanthiannan, M.V. and R. C. Van Acker. 2009. Transgenes and national boundaries – the need for international regulation. Environmental Biosafety Research 8:141‐148. Mauro I.J. S.M. McLachlan, and R. C. Van Acker. 2009. Farmer knowledge and a priori risk analysis: Pre‐ release evaluation of genetically modified Roundup Ready wheat across the Canadian prairies. Environ. Sci. Pollution Res. 16: 689‐701. Willenborg, C.J., A.L. Brûlé‐Babel, and R.C. Van Acker. 2009. Low crop densities promote pollen‐ mediated gene flow in spring wheat (Triticum aestivum L.). Transgenic Research 18:841‐854. Willenborg, C.J., E.C. Luschei, A.L. Brûlé‐Babel, and R.C. Van Acker. 2009. Crop genotype and plant population density impact flowering phenology and synchrony between cropped and volunteer spring wheat. Agron. J. 101:1311‐1321. Willenborg C. J., E. C. Luschei, A. L. Brûlé‐Bable, and R. C. Van Acker. 2009. Flowering phenology and synchrony between volunteer and cropped spring wheat (Triticum aestivum L.): identification of a hybridization window and its implications for pollen‐mediated gene flow. Crop Sci. 49:1029‐1039. 2 CRT.001.001.0348 Bagavathiannan, M. V. and Van Acker, R C. 2009. The Biology and Ecology of Feral Alfalfa (Medicago sativa L.) and Its Implications for Novel Trait Confinement in North America. Crit. Rev. Plant Sci. 28:69‐87 Van Acker, R. and M. Bagavathiannan. 2009. Is GM and Non‐GM Crop Co‐existence Possible in a Perennial, Outcrossing Species with High Ferality Potential? An Investigation with Alfalfa (Medicago sativa, L.) in North America. In K. Alcock and G. Spangenberg Eds. Proceedings of the Fourth International Conference on Coexistence between Genetically Modified (GM) and non‐GM based Agricultural Supply Chains. Melbourne, Australia, Nov 10‐13, 2009. online at http://www.gmcc‐ 09.com/wp‐content/uploads/van‐acker1.pdf Willenborg, C., A. Brûlé‐Babel and R. Van Acker. 2009. Pollen‐mediated gene flow in wheat: How low is too high and what can R* say about it? In K. Alcock and G. Spangenberg Eds. Proceedings of the Fourth International Conference on Coexistence between Genetically Modified (GM) and non‐GM based Agricultural Supply Chains. Melbourne, Australia, Nov 10‐13, 2009. online at http://www.gmcc‐09.com/wp‐content/uploads/van‐acker2.pdf. Willenborg, C.J., A.L Brûlé‐Babel, L.F. Friesen, and R.C. Van Acker. 2008. Response of heterozygous and homozygous spring wheat genotypes to imazamox. Crop Sci. 48:2107‐2114. Willenborg, C. J. and R. C. Van Acker. 2008. The biology and ecology of hexaploid wheat (Triticum aestivum L.) and its implications for trait confinement. Can. J. Plant Sci. 88: 997‐1013. Bagavanthiannan, M. and R. C. Van Acker. 2008. Crop ferality: implications for novel trait confinement. Agric., Ecosystems and Environ. 127: 1‐6. Knispel, A. L.. S. M. McLachlan, R. C. Van Acker, L. F. Friesen. 2008. Genetically engineered multiple herbicide resistance in escaped canola populations. Weed Sci. 56: 72‐80. Van Acker, R. C., A.R. Szumigalski and L. F. Friesen. 2007. The potential benefits, risks and costs of genetic use restriction technologies. Can. J. Plant Sci. 87: 753–762.
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